Legal Opinion

Bertulli v. Independent Ass'n of Continental Pilots

Court of Appeals for the Fifth Circuit

Decided February 13, 2001No. 99-21170PublishedCited by 108 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Pilots filed this class action against their pilots’ association and airline claiming injury suffered as a result of seniority lost when the pilots’ association and airline changed the seniority rankings of their pilots. The class was certified under Rule 23(b)(3). 1 Defendants appeal the certification order under Rule 23(f). 2

The pilots’ association and airline argue that the plaintiffs lack standing and that the certification of the class was an abuse of discretion. We hold that standing is reviewable in a Rule 23(f) interlocutory appeal, that the…

2Cases cited14 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  5. Wanda Jenkins v. Raymark Industries, Inc.Court of Appeals for the Fifth Circuit · 1986

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3Cited by108 opinions

  1. Comcast Corp. v. BehrendSupreme Court of the United States · 2013
  2. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001
  3. In Re: Deepwater HorizonCourt of Appeals for the Fifth Circuit · 2014
  4. Charles McNair v. Synapse Grp IncCourt of Appeals for the Third Circuit · 2012
  5. City of Austin v. Ken PaxtonCourt of Appeals for the Fifth Circuit · 2019

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